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HomeMy WebLinkAbout2022-06-14 - Board of Directors Meeting Minutes (B)2022-074 MINUTES OF THE YORBA LINDA WATER DISTRICT BOARD OF DIRECTORS REGULAR MEETING Tuesday, June 14, 2022, 6:30 p.m. 1717 E Miraloma Ave, Placentia CA 92870 1. PARTICIPATION INSTRUCTIONS Were included on the agenda. 2. CALL TO ORDER The meeting was called to order at 6:59 p.m. 3. PLEDGE OF ALLEGIANCE Vice President Jones led the pledge. 4. ROLL CALL DIRECTORS PRESENT STAFF PRESENT J. Wayne Miller, PhD, President Doug Davert, Interim General Manager Brooke Jones, Vice President John DeCriscio, Operations Manager Trudi DesRoches Gina Knight, Human Resources and Risk Manager Phil Hawkins Alison Martin, Public Affairs Manager Tom Lindsey Annie Alexander, Board Secretary Ariel Bacani, Assistant Engineer III Danielle Logsdon, Principal Engineer Veronica Ortega, Executive Assistant ALSO PRESENT Andrew Gagen, General Counsel, Kidman Gagen Law LLP 5. ADDITIONS/DELETIONS TO THE AGENDA Interim General Manager Davert requested the Board consider taking Item Nos. 9.2. and 9.6. out of order to accommodate external parties' participation in the meeting. 7. PUBLIC COMMENTS Dave Ramocinski, resident, commented on the status and location of a secondary access road for the Esperanza Hills Development Project. This topic will be placed on a future meeting agenda for discussion. Minutes of the YLWD Board of Directors Regular Meeting Held June 14, 2022 at 6:30 p.m. 1 2022-075 ACTION CALENDAR 9.2. Deferred Compensation and Defined Contribution Retirement Plans Staff and Marcus Wu, Special Counsel from Pillsbury Winthrop Shaw Pittman Law, explained the purpose for approving a restatement of the District's 457(b) plan and the benefits of adopting a 401(a) plan. Vice President Jones requested the following revisions to the language in the resolution as follows: Page 1 WHEREAS, the Board of Directors also desires to delegate to the Human Resources and Risk Manager the authority to adopt amendments to the Plans that are administrative in nature and meet certain criteria, with the concurrence of the General Manager. Page 2 SECTION 4. To delegate to the Human Resources and Risk Manager the authority, with the concurrence of the General Manager. ... SECTION 6. ... together with any changes that the Human Resources and Risk Manager, with the advice of legal counsel and concurrence of the General Manager, [...] such other actions as the Human Resources and Risk Manager, with the advice of legal counsel and concurrence of the General Manager, ... No Directors expressed an objection to these revisions. Director Jones made a motion, seconded by Director DesRoches, to adopt Resoiution No. 2022-XX as amended: (1) approving a restatement of the District's 457(b) Deferred Compensation Pian with Nationwide; (2) approving the adoption of a new 401(a) Defined Contribution Plan also with Nationwide; (3) appointing the Human Resources and Risk Manager as the Administrator for the District's 457(b) and 401(a) Plans; and (4) delegating amendment authority over the District's 457(b) and 401(a) Plans to the Human Resources and Risk Manager, with the concurrence of the General Manager. Motion carried 5-0-0-0 on a roll call vote. 9.6. California Special Districts Association (CSDA) Board of Directors Election Don Bartz, General Manager of Phelan Pinon Hill Community Services District, commented on his candidacy in the upcoming CSDA election and requested the District's support. Minutes of the YLWD Board of Directors Regular Meeting Held June 14, 2022 at 6:30 p.m. 2022-076 Director Hawkins made a motion, seconded by Director Jones, to vote for Don Bartz in the 2022 CSDA Election for Seat B in the Southern Network for the 2023-25 term and instruct staff to complete and submit the ballot on the Board's behalf. Motion carried 5-0-0-0 on a roll call vote. 6. INTRODUCTIONS AND PRESENTATIONS 6.1. Elected Official Liaison Reports None. 6.2. Federal and State Legislative Update Staff reviewed the status of AB 2247 and California Association of Sanitation Agencies' request for a letter of support. Eric O'Donnell, Senior Associate from Townsend Public Affairs, briefed the Board on the state's budget process, and the status of SB 1157 and the state's indoor residential water use standard. Staff noted that the District's current position on SB 1157 was "oppose unless amended" and requested some flexibility with that stance if warranted. Any official request to change the District's position would be brought back to the Board for consideration. Mr. O'Donnell then briefed the Board on the status of federal funding for construction of an additional heli-hydrant and the submission of two other District projects for potential federal funding in the next fiscal year. President Miller opened the floor to public comment on this item for which there was none. 7. PUBLIC COMMENTS CONTINUED President Miller then reopened the floor for general public comment for which there was none. 8. CONSENT CALENDAR Director Jones requested to remove Item No. 8.12. from the Consent Calendar for separate action. Director Lindsey also requested to remove Item No. 8.11. and Director Miller requested to remove Item Nos. 8.5., 8.8., and 8.9. Director Hawkins made a motion, seconded by Director Jones to approve the remainder of the Consent Calendar. Motion carried 5-0-0-0 on a roll call vote. Minutes of the YLWD Board of Directors Regular Meeting Held June 14, 2022 at 6:30 p.m. 2022-077 8.1. Minutes of the Board of Directors Meetings Held April 26, May 10, and May 12, 2022 Recommendation: That the Board of Directors approve the minutes as presented. 8.2. Reauthorizing Continuation of Virtual/Teleconference Board Meetings Recommendation: That the Board of Directors reauthorize the continuation of virtual/teleconference meetings pursuant to AB 361 for an additional 30 days based on the findings that (1) the Board has reconsidered the circumstances of the state of emergency for COVID-19, and that (2) state and local officials continue to impose or recommend measures to promote social distancing. 8.3. Communications Activity Report for May 2022 Recommendation: That the Board of Directors receive and file the monthly communications activities report. 8.4. Payments of Bills, Refunds, and Wire Transfers Recommendation: That the Board of Directors ratify and authorize disbursements in the amount of $2,818,893.56. 8.6. Cash and Investment Report for the Month Ending April 30, 2022 Recommendation: That the Board of Directors receive and file the Cash and Investment Report for the Period Ending April 30, 2022. 8.7. Appropriations Limit for Fiscal Year 2022-23 Recommendation: That the Board of Directors approve Resolution No. 2022-XX adopting the appropriations limit for Fiscal Year 2022-23. 8.10. 2022 Water Quality Report Recommendation: That the Board of Directors approve the 2022 Water Quality Report and instruct staff to make it available on the District's website and submit it to the State Water Resources Control Board, Division of Drinking Water, pursuant to State and Federal law regarding electronic delivery. Minutes of the YLWD Board of Directors Regular Meeting Held June 14, 2022 at 6:30 p.m. 2022-078 8.13. Notice of Completion for the Lakeview Sewer Extension Project Recommendation: That the Board of Directors authorize staff to file the Notice of Completion for the Lakeview Sewer Extension Project, Job No. J- 2020-268. 8.14. Notice of Completion for Grandview Avenue and Ridge Way Waterline Improvements Project Recommendation: That the Board of Directors authorize staff to file the Notice of Completion for the Grandview Avenue and Ridge Way Waterline Improvements Project, Job No. J-2020-61. ITEMS REMOVED FROM THE CONSENT CALENDAR FOR SEPARATE ACTION Staff responded to questions from the Board regarding the revenue and operating expenses for the water fund under Item No. 8.5,, purpose for revising the Financial Reserves Policy under Item No. 8.8., procurement limits in Table 1 of the Purchasing Policy under Item No. 8.9., services to be provided by the engineering firm under Item No. 8.11., and the purpose of the developer funded project under Item No. 8.12. Director Lindsey made a motion, seconded by Director Jones, to approve Item Nos. 8.5., 8.8., 8.9., 8.11., and 8.12. Motion carried 5-0-0-0 on a roll call vote. 8.5. Budget to Actual Statements for the Month Ending April 30, 2022 Recommendation: That the Board of Directors receive and file the Budget to Actual Reports for the Month Ending April 30, 2022. 8.8. Financial Reserves Policy for Fiscal Year 2022-23 Recommendation: That the Board of Directors adopt Resolution No. 2022- XX adopting a Financial Reserves Policy for Fiscal Year 2022-23 and rescinding Resolution No. 2021-30. 8.9. Amendments to Purchasing Policy Recommendation: That the Board of Directors adopt Resolution No. 2022- XX amending the Purchasing Policy and rescinding Resolution No. 2021-20. Minutes of ttie YLWD Board of Directors Regular Meeting Held June 14, 2022 at 6:30 p.m. 2022-079 8.11. Professional Services Agreement for the Hydraulic Model and Water Master Plan Recommendation: That the Board of Directors authorize execution of a Professional Services Agreement for the Hydraulic Model and Water Master Plan to MKN & Associates for a fee not to exceed $500,000, Job No. J- 2021-32. 8.12. Award of Construction Contract for the Stonehaven Water Main Project Recommendation: That the Board of Directors award the Construction Contract for the Stonehaven Water Main Project to GCI Construction, Inc. for $563,919.95, Job No. J-2018-28. 9. ACTION CALENDAR CONTINUED 9.1. Compliance with State Water Resources Control Board's Drought-Related Emergency Water Conservation Regulation Adopted May 24, 2022 General Counsel Gagen and staff provided an overview of the State Water Board's recent actions requiring urban water suppliers to implement Demand Reduction Actions for a Water Shortage Level of 10-20% (Level 2) as identified in their Water Shortage Contingency Plan's as well as the state's new restrictions related to the irrigation of non-functional turf. Staff also summarized associated outreach efforts to District residents and local government agencies. Director Jones made a motion, seconded by Director DesRoches, to adopt Resolution No. 2022-XX implementing Demand Reduction Actions for a Water Shortage Level of 10-20% (Level 2) and certain water conservation measures related to the irrigation of non-functional turf effective June 16, 2022. Motion carried 5-0-0-0 on a roll call vote. 9.3. Worker's Compensation Insurance for Volunteer Personnel Staff explained the need for establishing this policy as required by ACWA- JPIA even though the District did not currently have any volunteer personnel. Director Hawkins made a motion, seconded by Director Jones, to adopt Resolution No. 2022-XX adopting a policy deeming persons authorized to perform volunteer service for the District as employees for the purpose of worker's compensation insurance benefits provided for by law. Motion carried 5-0-0-0 on a roll call vote. Minutes of the YLWD Board of Directors Regular Meeting Held June 14, 2022 at 6;30 p.m. 2022-080 Item Nos. 9.4. and 9.5. were considered at the same time. 9.4. Amendments to Board of Director's Policies and Procedures Manual AND 9.5. Amendments to Employee Travel Expense Reimbursement Policy Staff reviewed the proposed amendments to both of these policies including modifying the schedule for regular Board meetings and two options for travel expense reimbursement limits. Director Jones made a motion, seconded by Director Hawkins, to (1) amend the Board of Directors' Policies and Procedures Manual as presented including the language for Option 1 as related to travel expense reimbursement limits and adopt Resolution No. 2022-XX approving said amendments and repealing Resolution Nos. 18-06, 18-15, 2020-04, and 2020-13; and (2) amend the Employee Travel Expense Reimbursement Policy as presented including the language for Option 1 as related to reimbursement limits, and adopt Resolution No. 2022-XX approving said amendments to the Employee Travel Expense Reimbursement Policy and repealing Resolution No. 16-21. Motion carried 4-1-0-0 on a roll call vote with Director Miller voting No. 10. REPORTS. INFORMATION ITEMS. AND COMMENTS 10.1 Director's Reports A list of meetings and events attended was included in the agenda packet. Director Hawkins requested staff look into distributing water at the City of Yorba Linda's upcoming 4'^ of July celebration. A few of the Directors volunteered to help serve. Director Lindsey commented on recent activities related to the City of Yorba Linda's Housing Element and requested staff keep apprised of this matter. 10.2. Interim General Manager's Report Interim General Manager Davert referenced his written report included in the agenda packet and noted that staff had conducted the annual review of the District's Public Funds Investment Policy and was not recommending any revisions at this time. Minutes of the YLWD Board of Directors Regular Meeting Held June 14, 2022 at 6:30 p.m. 2022-081 10.3. General Counsel's Report None. 10.4. Future Agenda Items and Staff Tasks President Miller requested staff prepare a plan for potentially converting to an Advanced Metering Infrastructure for review at a future Board meeting. 11. COMMITTEE REPORTS 11.1. Interagency Committee with MWDOC and OCWD (Miller / DesRoches) - Next meeting will be scheduled when needed. 11.2. Joint Agency Committee with City of Yorba Linda (Miller / Lindsey) - Minutes of the meeting held Monday, April 25, 2022, at 5:30 p.m. will be presented when available. Next meeting will be held Monday, August 8, 2022 at 4:00 p.m. 11.3. Joint Agency Committee with City of Placentia (Jones / Lindsey) - Next meeting will be scheduled when needed. 12. BOARD OF DIRECTORS ACTIVITY CALENDAR 12.1. Meetings from June 15 - July 31, 2022 13. ADJOURNMENT 13.1. Director Hawkins made a motion, seconded by Director DesRoches, to adjourn the meeting at 0:00 p.m. Motion passed 5-0-0-0 on a roll call vote. Annie Alexander Board Secretary Minutes of the YLWD Board of Directors Regular Meeting Held June 14, 2022 at 6:30 p.m.